Chapter 325G — Consumer Warranties

325G.01 Effect of Delivery If someone sends you goods you did not ask for, you can keep them as a free gift. You do not have to return or pay for … 325G.02 Definitions Defines key terms for the credit card protection laws, including 'financial transaction card,' 'person,' and 'issuer.' 325G.03 Unsolicited Financial Transaction Cards You are not liable for charges on an unsolicited credit card unless you accepted it by signing, using, or authorizing … 325G.04 Lost or Stolen Financial Transaction Cards Your liability for unauthorized use of a lost or stolen credit card is limited to $50, as long as you report disputed … 325G.041 Married Woman; Name on Card A married woman has the right to have a credit card issued in her birth name, current married name, or a combination of … 325G.042 Consumer Credit; Equal Treatment of Spouses Creditors must treat married applicants equally and cannot deny or limit credit based on marital status or the spouse's … 325G.05 Disputed Accounts Credit card companies must include contact info for billing disputes on each statement and must investigate questioned … 325G.051 Surcharges on Credit Cards No seller may charge a customer a surcharge for using a credit card if the federal government prohibits credit card … 325G.052 Credit Card Offers and Solicitations; Address Verifications Credit card companies soliciting new accounts must verify the applicant's address before issuing a card. Applies to mail … 325G.06 Definitions Defines 'home solicitation sale' and related terms for Minnesota's door-to-door sales protection law. Covers sales over … 325G.07 Buyer's Right to Cancel You can cancel a door-to-door or home solicitation sale by midnight of the third business day after the sale. Just mail … 325G.08 Writing Required; Notice of Right to Cancel; Notice of Cancellation Door-to-door sellers must tell buyers about the right to cancel, provide a written contract with the seller's address, … 325G.09 Return of Payments or Goods After a home sale is canceled, the seller must return all payments and trade-ins within 10 days. If the seller does not … 325G.10 Penalties for Violation Violating Minnesota's home solicitation sale laws (sections 325G.06 to 325G.09) subjects the seller to penalties under … 325G.11 Damages Anyone hurt by a violation of the home solicitation sale laws can sue for damages, court costs, and reasonable … 325G.12 Definitions Defines 'personal solicitation' and related terms for the seller disclosure law. Covers sales pitches made by phone or … 325G.13 Disclosure Obligation Before making a sales pitch by phone or in person, a seller must clearly state their name, the company they represent, … 325G.14 Penalties; Remedies Violating the seller disclosure rules (section 325G.13) subjects the seller to penalties and remedies under section … 325G.15 Definitions Defines terms for the consumer credit sale protection law, including 'consumer credit sale,' 'goods,' and 'services.' 325G.16 Restrictions Protects buyers in consumer credit sales by banning unfair contract terms like wage assignments, confession of judgment … 325G.17 Definitions Defines terms for Minnesota's consumer warranty law, including 'consumer sale,' 'new goods,' and 'express warranty.' 325G.18 Implied Warranties Every consumer sale in Minnesota includes an implied warranty that goods are fit for their intended purpose. Sellers can … 325G.19 Express Warranties An express warranty on new consumer goods cannot disclaim the implied warranty of merchantability. Manufacturers, … 325G.20 Remedies Violations of Minnesota's consumer warranty law are treated as consumer fraud violations. All remedies are cumulative … 325G.203 Definitions Defines terms for the assistive device warranty law, including 'assistive device,' 'manufacturer,' and 'nonconformity.' 325G.204 Express Warranties If an assistive device does not match its express warranty, the manufacturer must repair, replace, or refund it after a … 325G.205 Assistive Device Replacement or Refund After 4 repair attempts or 30+ business days in the shop, a buyer can demand a replacement assistive device or a full … 325G.206 Nonconformity Disclosure Requirement Anyone reselling a returned assistive device must disclose in writing that the device was returned because it did not … 325G.207 Other Remedies The assistive device warranty law does not limit any other legal remedies available to the buyer. 325G.208 Manufacturer's Duty to Provide Reimbursement for Temporary Replacement of Assistive Devices; Penalties Manufacturers of assistive devices must reimburse authorized dealers for the cost of lending temporary replacement … 325G.21 Deficiency Judgments; Consumer Transactions; Definitions Defines terms for the deficiency judgment limit law, including 'consumer credit transaction' and 'personal property.' 325G.22 Limits on Buyer's Liability If a seller repossesses personal property from a consumer credit transaction of $8,100 or less, the buyer owes nothing … 325G.23 Definitions Defines terms for the health club and buying club membership cancellation law, including 'buyer,' 'health club,' and … 325G.24 Right of Cancellation Buyers can cancel a health club or buying club contract within 3 business days by giving written notice. If a club … 325G.25 Contract Regulation Health club and buying club contracts must include specific terms, the cancellation notice, and refund rights. Maximum … 325G.26 Limitation on Membership Period A health club or buying club membership cannot exceed 36 months from the date the buyer first uses the club's services. 325G.27 Registration Requirements, Surety Bond Requirement, Alternative Security Health clubs must register with the Attorney General and post a surety bond (at least $50,000) or provide alternative … 325G.28 Violations Violations of the health club and buying club law are treated as consumer fraud and can be prosecuted under section … 325G.29 Citation Sections 325G.23 to 325G.28 may be cited as the 'Buying Club and Health Club Membership Act.' 325G.30 Definitions Defines terms for the plain language contract law, including 'consumer contract,' 'plain language,' and 'residential … 325G.31 Plain Language Required Consumer contracts for money, property, or services must be written in plain language that is clear and easy to … 325G.32 Exceptions The plain language law does not apply to real estate documents, government-regulated forms, or contracts between … 325G.33 Remedies A consumer can sue for actual damages if a plain language violation caused harm, but the court will not void the entire … 325G.34 Limits on Remedies Damages for a plain language violation cannot exceed $10,000 per lawsuit. A violation alone does not void the contract … 325G.35 Review by the Attorney General A business can submit a consumer contract to the Attorney General for review. If the AG certifies it as plain language, … 325G.36 Waivers Void Any contract provision that waives the buyer's rights under the plain language law is void. 325G.37 Effective Date The plain language law applies to consumer contracts entered into after August 1, 1981. 325G.40 Citation Sections 325G.40 to 325G.46 may be cited as the 'Credit Card Disclosure Act.' 325G.41 Definitions and Computations Defines terms and calculation methods for the Credit Card Disclosure Act, including 'card issuer,' 'cardholder,' and … 325G.415 This section has been repealed. 325G.42 Credit Card Disclosures Credit card issuers must clearly disclose interest rates, fees, grace periods, and billing methods on applications, … 325G.43 Penalties Willful violations of the Credit Card Disclosure Act are misdemeanors. 325G.44 Damages Anyone injured by a Credit Card Disclosure Act violation can sue for actual damages plus attorney's fees. 325G.45 Federal Law Credit card issuers who comply with federal Truth in Lending disclosure rules are deemed to comply with Minnesota's … 325G.46 Alternative Compliance Credit card issuers can comply with the state law by following equivalent federal disclosure rules. 325G.47 Notification of Annual Fee Credit card issuers must send written notice of any annual fee increase at least 30 days before the billing period in … 325G.50 Membership Travel Contracts; Cancellation Buyers can cancel a membership travel contract within 3 business days. If the travel club fails to provide services, … 325G.501 Membership Travel Contracts Solicitation Gift Offers Travel club sellers who offer gifts to attract buyers must deliver the gifts within the promised timeframe and clearly … 325G.505 Membership Travel Contracts in Excess of $500 Membership travel contracts exceeding $500 require additional disclosures, a surety bond, and specific consumer … 325G.51 Penalties; Remedies Violations of the membership travel contract law are subject to the penalties in section 8.31. 325G.52 Consumer Education; Telemarketing Fraud The Attorney General, in cooperation with the Department of Commerce, shall educate consumers about telemarketing fraud … 325G.53 Gift Certificates Gift certificates and gift cards cannot expire or have service fees unless clearly disclosed. Dormancy fees cannot be … 325G.54 Cancellation Without Penalty of Wireless Contracts by Military Service Personnel Military service members deploying for 90+ days can cancel wireless phone contracts without penalty. The carrier must … 325G.55 Cancellation Without Penalty of Rental, Club, Service, and Membership Travel Contracts by Military Service Personnel Military members can also cancel rental, club, service, and travel membership contracts without penalty when deployed … 325G.56 Definitions Defines terms for the automatic renewal law, including 'automatic renewal offer' and 'continuous service offer.' 325G.57 Requirements for Automatic Renewal or Continuous Service Businesses with automatic renewal subscriptions must clearly disclose the terms, get affirmative consent, and provide a … 325G.58 Prohibited Conduct Businesses cannot charge for automatic renewals without following the disclosure and consent rules. Goods sent without … 325G.59 Consumer's Right to Terminate Consumers have the right to terminate automatic renewal or continuous service at any time. The business must provide a … 325G.60 Termination Election Requirement If an automatic renewal is longer than 12 months or renews for more than 1 month at a time, the business must remind the … 325G.61 Unconditional Gifts If a business sends goods to a consumer without following the automatic renewal disclosure rules, the goods are treated … 325G.62 Exemption The automatic renewal law does not apply to transactions already covered by other specific state or federal laws. 325G.63 Enforcement The automatic renewal law is enforced under section 8.31 by the Attorney General.